Recognizing the Need For A Divorce

Recognizing the Need For A Divorce

The Marriage That Never Was

Jackson Robinson

It can happen. One minute you're enjoying spending time in a new relationship, the next minute you wake up and find yourself wed to that person you just met a few weeks ago. If you have made an impulsive (and ill-advised) marriage decision, you may just assume that you can have the marriage annulled and be on your separate ways. There is more to an annulment, however, and impulsive decisions may not be enough grounds for a legal means of parting from your new relationship. To learn more, read on.

Why do annulments exist?

Divorces have been around for some time, but a long time ago some religious organizations decided that when a man and woman joined for marriage, it should be a permanent arrangement. This effort to use religion to sanctify and cement marriage meant that people who wanted to be free of each other could not do so. So naturally, a method of separating was invented that would allow people to be free of each other without going against church policy. Annulments came about as a result. To this day, the Catholic church refuses to allow some divorced members to participate in some religious practices.

Legal grounds for annulments

It's interesting to note that even though the very birth of the concept of annulment was directly related to religion, in the United States religion is not considered a valid reason for an annulment to be granted. Additionally, many people wrongly assume that an annulment is just another quicker and easier way to say "divorce", but that is not so. An annulment is based not on the premise that a marriage was a mistake, but that a legal marriage never even occurred. Some common legal grounds for annulments include:

  • One or more parties to the action was not of legal age to marry in that state.
  • One or more parties to the action was already legally wed to another.
  • The action involved an incestuous relationship.
  • One party was forced into the action by the other or by a third party. For example, force would be the grounds for an annulment if the parents of the couple forced them to marry due to a pregnancy.
  • One or more parties to the action was mentally incapacitated at the time.
  • One or more parties to the action was unable to make a conscientious decision due to being under the influence of drugs or alcohol at the time. This is used often, for obvious reasons.
  • One party tricked the other into the action.
  • No sexual relations have taken place since the time of the action.

A family law attorney can assist you in determining if you have the legal grounds for an annulment or if you must go the full divorce route.

For more information, talk to a company like The Law Offices Of James Scott Walker.


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About Me
Recognizing the Need For A Divorce

My husband and I had a great marriage for about ten years--that is, until he started cheating on me. I found out about it from a friend, and once I started peeling off the layers of my husband's lies, I realized that we hardly had anything to salvage in the first place. I decided that it would be best to get divorced, but I knew that it would be painful and difficult. This blog is for anyone out there who needs to gather the strength to get divorced. Check out these posts to learn more about the process and how the right lawyer can help.